How long after the death or incapacity of a Fly To Fit Franchisee must the business be transferred?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.4 Transfer upon Death or Incapacity. Upon the death or incapacity of Franchisee (or, if Franchisee is an entity, the Owner with the largest ownership interest in Franchisee), the executor, administrator, or personal representative of that person must Transfer the Business to a third party approved by Fly To Fit Franchise (or to another person who was an Owner at the time of death or incapacity of the largest Owner) within nine months after death or incapacity.
Such transfer must comply with Section 15.2.
Source: Item 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, in the event of the death or incapacity of a franchisee, or the owner with the largest ownership interest if the franchisee is an entity, their executor, administrator, or personal representative has a period of nine months to transfer the Fly To Fit business. This transfer must be to a third party approved by Fly To Fit, or to another person who was an owner at the time of death or incapacity of the largest owner. The transfer must also comply with the standard transfer conditions outlined in Section 15.2 of the franchise agreement.
This requirement ensures that the Fly To Fit business continues to operate under approved management even in unforeseen circumstances. The nine-month period provides sufficient time for the deceased or incapacitated franchisee's estate to handle the transfer while maintaining the brand's operational standards. The stipulation that the transfer must comply with Section 15.2 means that the new franchisee will need to meet Fly To Fit's then-current standards for new franchisees.
For a prospective Fly To Fit franchisee, this clause highlights the importance of succession planning. Franchisees should consider how their business will be managed or transferred in the event of death or incapacity to ensure a smooth transition and protect the value of their investment. This may involve having a clear plan for who will take over the business and ensuring they meet Fly To Fit's requirements for franchisees.
It is also important to note that Fly To Fit retains the right to approve the transferee, ensuring that the new owner meets their standards and is capable of maintaining the quality and reputation of the Fly To Fit brand. This provision protects the integrity of the franchise system and the interests of all franchisees.